Part 5

Competition in communications markets
Chapter 1

Functions of OFCOM under competition legislation

Matters in relation to which OFCOM have competition functions
369
1
In this Chapter references to communications matters are references to any one or more of the following—
a
the provision of electronic communications networks;
b
the provision of electronic communications services;
c
the provision or making available of services or facilities which are provided or made available—
i
by means of, or in association with the provision (by the same person or another) of, an electronic communications network or electronic communications service; or
ii
for the purpose of facilitating the use of any such network or service (whether provided by the same person or another);
d
apparatus used for providing or making available anything mentioned in the preceding paragraphs;
e
broadcasting and related matters.
2
The Secretary of State may by order make such amendments of subsection (1) as he may consider appropriate for the purpose of modifying the description of activities in respect of which any of the provisions of this Part—
a
confer functions on OFCOM under Part 1 of the Competition Act 1998 (c. 41) or relate to the carrying out by OFCOM of those functions; or
b
confer functions on OFCOM under Part 4 of the Enterprise Act 2002 (c. 40) or relate to the carrying out by OFCOM of those functions.
3
No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.